What are the consequences of including derogatory remarks in a patent application?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Including derogatory remarks in a patent application can lead to objections or rejections from patent examiners. While the MPEP 608.01(r) doesn’t explicitly state the consequences, it clearly prohibits such remarks:

“The applicant … is not permitted to make derogatory remarks concerning the inventions of others.”

Consequences may include:

• Objections to the specification
• Requests to remove or modify the derogatory language
• Potential delays in the patent examination process
• In severe cases, it could affect the credibility of the application

To avoid these issues, focus on describing your invention’s merits without disparaging others’ work.